I started thinkng about this after swimming this morning at ASU and once again seeing that the 3 guards on duty were not in any of the chairs but instead were in the office texting and playing on duty.
So what happens if God forbid a swimmer is injured or dies in workout (I guess even if the guard is on duty)...can they sue the coach?
I know USMS has an insurance program for clubs and being to lazy wonder is anyone knows if it covers this?
I also wonder how many paidand/or volunteer coaches have any type of contract for this sort of thing?
OK, so Barra is right, being sued is the American way and you can be sued for anything. I think the most likely scenario is that a number of parties will be sued. The likely targets are the ones with the deep pockets (i.e - the facility, the employer of the guards, etc). A coach could certainly be sued, along with the club, and, heck, USMS. Gradually it would get whittled down.
The coach may or may not be covered by the pool's policy or the USMS policy. That would be worth looking into. If the coach is concerned he/she should approach the pool management and see about getting added (or seeing if he/she is already covered). Alternatively, the coach could explore buying a personal liability policy for the work as the coach, assuming such a thing exists, which I assume it does, no idea the cost.
The most likely scenario is the pool is on the hook for their failure in having guards present and actually working and that is who will most likely end up being pursued (and also because they have a big liability limit). But, being along for the ride is no fun either, and could be very expensive. Either way, the coach should be raising some hell and sending some letters, or, CYA, in other words.
My input is on the insurance side of things, not the law side of things. Seth and Fort can speak to that. These types of liability claims were always interesting to handle, and expensive to defend!
That sums it up pretty well. I wouldn't want to be a plaintiff's lawyer on that one though. I'm sure there must be some waivers around, Geek. ;) Plus, absent some outrageous conduct, I don't see a negligence claim against the coach flying.
OK, so Barra is right, being sued is the American way and you can be sued for anything. I think the most likely scenario is that a number of parties will be sued. The likely targets are the ones with the deep pockets (i.e - the facility, the employer of the guards, etc). A coach could certainly be sued, along with the club, and, heck, USMS. Gradually it would get whittled down.
The coach may or may not be covered by the pool's policy or the USMS policy. That would be worth looking into. If the coach is concerned he/she should approach the pool management and see about getting added (or seeing if he/she is already covered). Alternatively, the coach could explore buying a personal liability policy for the work as the coach, assuming such a thing exists, which I assume it does, no idea the cost.
The most likely scenario is the pool is on the hook for their failure in having guards present and actually working and that is who will most likely end up being pursued (and also because they have a big liability limit). But, being along for the ride is no fun either, and could be very expensive. Either way, the coach should be raising some hell and sending some letters, or, CYA, in other words.
My input is on the insurance side of things, not the law side of things. Seth and Fort can speak to that. These types of liability claims were always interesting to handle, and expensive to defend!
That sums it up pretty well. I wouldn't want to be a plaintiff's lawyer on that one though. I'm sure there must be some waivers around, Geek. ;) Plus, absent some outrageous conduct, I don't see a negligence claim against the coach flying.
